Arizona Legislature Files U.S. Supreme Court Appeal to Defend Proof-of-Citizenship Voting Law
FOR IMMEDIATE RELEASE
Thursday, February 19, 2026
PHOENIX, ARIZONA— Arizona Senate President Warren Petersen is asking the U.S. Supreme Court to take up Arizona's proof-of-citizenship voting case today, formally requesting the nation's highest court review a Ninth Circuit ruling that blocked requirements ensuring only eligible citizens can register to vote using the state's voter registration form.
The request, known as a petition for a writ of certiorari, asks the Supreme Court to overturn a divided Ninth Circuit decision that partially invalidated Arizona laws requiring documentary proof of citizenship and residency for voters using the state's registration form and restricting mail-in voting for registrants who have not verified citizenship. The ruling expands federal authority over elections while limiting states' constitutional role in safeguarding voter eligibility.
"For more than two decades, Arizona has required proof of citizenship to register to vote, because only American citizens should decide American elections," said President Petersen. "The Ninth Circuit ignored Supreme Court precedent, rewrote federal law, and substituted its judgment for that of Arizona voters and their elected representatives. We are asking the Supreme Court to restore the proper balance between federal and state authority and reaffirm Arizona's right to protect the integrity of its elections."
The petition challenges a ruling in Mi Familia Vota v. Petersen, litigation brought by activist groups opposing election reforms adopted by the Arizona Legislature in 2022. Those reforms strengthened verification requirements for voter registration, required election officials to check government databases to identify potential non-citizens or non-residents on voter rolls, and limited voting by mail for individuals who have not provided proof of citizenship.
According to the petition, the Ninth Circuit's decision conflicts directly with prior U.S. Supreme Court precedent recognizing that states may require additional information, including proof of citizenship, on their own voter registration forms. The appeal also argues the court improperly relied on a years-old consent decree negotiated by a former Secretary of State to block laws enacted later by the Legislature, raising significant separation-of-powers concerns.
The filing further warns that the ruling dramatically expands the scope of the National Voter Registration Act by applying it beyond voter registration procedures to regulate how ballots are distributed and returned, an interpretation lawmakers argue Congress never authorized.
The petition notes that eleven Ninth Circuit judges dissented from the court's refusal to rehear the case, calling the panel opinion "profoundly wrong" and warning it undermines federalism and the constitutional authority of state legislatures.
Arizona lawmakers are seeking clarity from the Supreme Court on the limits of federal election law and reaffirmation that states retain authority to verify voter eligibility and maintain accurate voter rolls.
"This case is about whether states still have the power to enforce commonsense safeguards to ensure only eligible voters participate in our elections," said President Petersen. "Arizona is standing up not just for our state, but for every state's constitutional authority to secure its own elections."
The U.S. Supreme Court will now decide whether to hear the case.
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For more information, contact:
Kim Quintero
Director of Communications | Arizona State Senate Republican Caucus